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Eisenstadt, U. There may be sound reasons why courts have avoided defining explicitly a particular standard of deference to legislative findings when assessing a constitutional claim. Miami L. See Baker v. In so doing, the Court noted that "Congress has accommodated, to the extent compatible with a comprehensive national program, the practices of those who believe it a violation of their faith to participate in the social security system Wayne van der Meide, Legislating Equality:

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Murgia, supra, U.

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One nondiscriminatory reason asserted by Georgetown for its denial of the tangible benefits contained in "University Recognition" was that it could not give its accompanying "endorsement" to the student groups without violating its religious principles. After a time, both student groups decided to seek the formal status and attendant privileges enjoyed by many other campus organizations. The evidence before Judge Braman may not permit the conclusion that Georgetown consciously denied benefits due to the sexual orientation of the student groups involved.

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The ability of lesbian, gay and bisexual Americans to live openly was severely compromised by a devastating precedent:

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